Anderson v. Fortune Brands, Inc., et al.

A smoker brought suit against several tobacco manufacturers and industry-based research organizations under several theories of liability, including a products liability claim of willful failure to warn consumers of the dangers of smoking.  The defendants challenged the propriety of this cause of action, arguing that a products liability action for willful failure to warn did not exist and that fraudulent concealment, which would require the plaintiff to meet a higher burden of proof, was the proper legal vehicle for the plaintiff's allegations of a decades-long conspiracy to intentionally wrong the public.  The Court held that the products liability claim for willful failure to warn was recognized in New York and ordered that the claim be considered by a jury.


Anderson v. Fortune Brands, Inc., et al., 723 N.Y.S.2d 304, Supreme Court, Kings County, New York (2000).

  • United States
  • Jul 25, 2000
  • Supreme Court, Kings County, New York


Plaintiff Clyde Anderson


  • Fortune Brands, Inc., Formerly Known as American Brands, Inc., et al.
  • Liggett Group, Inc., also known as Brooke Group, Ltd.
  • Lorillard Tobacco Company
  • Philip Morris Incorporated
  • RJR Nabisco, Inc.
  • The Council for Tobacco Research-USA, Inc.
  • The Tobacco Institute, Inc.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product